can people who are committed ask for an attorney

by Mervin Harber 10 min read

Although asking for an attorney requires officers to cease questioning you, they may still arrest you if they think you have committed a crime or they have enough reason to believe you have committed a crime. If you spontaneously or voluntarily speak without being questioned, your words can be used against you.

Obtaining Legal Assistance
Whether you believe you are guilty or not, you are entitled to a fair trial and an attorney who will represent your interests. If you are charged with or accused of committing a crime, talk to a lawyer.

Full Answer

When to ask an attorney for the right answer?

You may even ASK if you’re under arrest and at that point the office must tell you yes or no. If no, beware of what you say, if yes. SHUT UP and ask for a lawyer. The “Detainment”. Here the cop is actually commanding you to remain with him/her …

Should I talk to my lawyer about my case?

Apr 09, 2015 · Three: Have you ever been sanctioned for, or accused of, attorney misconduct? You have a right to know whether your potential lawyer has violated, or even been formally accused of violating, the rules of professional responsibility. While you may be able to locate this information on the website of a state’s legal licensing authority, you should still ask the …

What kind of questions can I ask a lawyer?

Can a lawyer talk to a client without their consent?

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Should you always ask for an attorney?

If you spontaneously or voluntarily speak without being questioned, your words can be used against you. Not only is it good to ask for an attorney, but you should also stop speaking until you have a chance to consult with an attorney on your case.

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your Lawyer
  • I forgot I had an appointment. ...
  • I didn't bring the documents related to my case. ...
  • I have already done some of the work for you. ...
  • My case will be easy money for you. ...
  • I have already spoken with 5 other lawyers. ...
  • Other lawyers don't have my best interests at heart.
Mar 17, 2021

What if your client admits guilt?

If your client confesses you are generally under no obligation to present that information to the court. Rather, you are duty-bound by attorney-client privilege to protect your client's statements and to provide a proper legal defense.Aug 27, 2017

Does getting a lawyer make you look guilty?

Hiring a lawyer does not make you look guilty; it makes you look serious about your innocence, reputation, and future. You cannot be arrested or convicted for looking guilty. You can be charged and convicted if there is sufficient evidence against you.May 30, 2019

How do you seduce a lawyer?

Compliment: Always make an effort to compliment her. Lawyers are egocentric, therefore feed their ego. Tell her how beautiful and passionate she is. Tell her, “you are so dedicated to your work”.

Why do lawyers ignore you?

If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.Mar 29, 2021

Do lawyers lie for their clients?

In NSW, that body is called the Law Society of New South Wales. The ethical standards do not prevent criminal lawyers from representing a client they know is guilty, but the lawyer will not be able to lie or knowingly mislead the court on their client's behalf.Dec 18, 2014

Can a lawyer snitch on you?

As a general rule, a client can refuse to disclose and prevent others from disclosing confidential communications between himself and his attorney. The privilege belongs to the client, and the attorney cannot waive it or breach it in most instances.Jul 22, 2016

Why do lawyers protect guilty clients?

Criminal defense lawyers must provide "zealous" representation. Another reason that lawyers can defend people regardless of guilt is that our society gives each citizen the right to be vigorously defended in a court of law. The U.S. Constitution assures every citizen due process and the right to legal counsel.

Does asking for a lawyer incriminate you?

Asking for a lawyer is the smartest decision you can make when you find yourself in this situation. By no means is it an admission of guilt and any law-abiding law enforcement office must respect your desire to exercise your constitutional rights. Surrendering those rights is the worst mistake you can make.Jun 26, 2019

What happens if you speak without being questioned?

If you spontaneously or voluntarily speak without being questioned, your words can be used against you. Not only is it good to ask for an attorney, but you should also stop speaking until you have a chance to consult with an attorney on your case.

Can the police question you if you ask for an attorney?

Can the police question me once I ask for an attorney? Police are required to stop their interrogation at the time you ask for an attorney, and cannot question you further until you have an attorney present. You must clearly communicate that you are asking for an attorney and that you do not wish to be questioned anymore.

Can you be arrested for a crime without being questioned?

Although asking for an attorney requires officers to cease questioning you, they may still arrest you if they think you have committed a crime or they have enough reason to believe you have committed a crime. If you spontaneously or voluntarily speak without being questioned, your words can be used against you.

What happens if you say "I won't say anything without my lawyer"?

The moment you say "I won't say anything without my lawyer", or some equivalent, the police must stop their questioning. They told you that you have the right to remain silent and to demand an attorney, and the moment you tell them you're exercising those rights, anything more they ask is very likely to be thrown out in court anyway. They'll stop.

What to say when you are arrested?

So if you are arrested, the only thing you say is "I do not want to talk without my attorney present." And then (other than asking for basic needs), mean that, and keep your mouth firmly shut.

Why do police arrest innocent people?

If you're guilty, they may not have sufficient evidence, or it may be weak without you incriminating yourself and you may get things plea bargained to nothing. If you're innocent, well, innocent people have been convicted before of crimes they didn't commit, and often because what they said in an interrogation was twisted around. The only reason the police arrest you is because they think you're guilty, and nothing you say will help you and it stands a very good chance of hurting you. The officer has a lot more experience at this than you do, and you're not going to outwit them.

What happens if you fail to do so?

Failure to do so will almost inevitably result in that evidence being suppressed at trial.

Why do police have to detain you?

The police are allowed to detain and interrogate you in order to determine whether or not probable cause exists for an arrest. This can last hours if necessary, but if they can’t develop PC for an arrest, they have to let you go. What this period of time is, is dependent on the facts at hand, and is a judgeme.

Which amendment states that you can't incriminate yourself under oath?

It's the 5th amendment -- the right not to make the choice to incriminate yourself under oath or perjure yourself.

Can you restart interrogation without coercion?

They can, however, restart the interrogation if you voluntarily restart the conversation without coercion or prompting. You can make basic requests, such as for food or water or to use the restroom, without that, but if you start discussing the situation or the crime again voluntarily, they may be able to restart questioning. If they do, though, you can always reiterate "I don't want to make any statement without my lawyer present." And then, once again, they must stop.

Is it important to know the financial background of a lawyer?

For example, if you are an individual with a particular legal problem, but the attorney your meeting with represents only corporations, this may not be the best lawyer for you. Likewise, you may wish to know the financial background of some of the lawyer's clients. This is because there may be different issues a lawyer is used to factoring when working with high net-worth individuals vs. college students.

Is it important to have an aggressive attorney for divorce?

First, if you are seeking an amicable divorce, for example, but the attorney is known to "go for the kill" in divorce cases, the attorney may not be the right one for you. Similarly, if you're looking for an aggressive attorney to handle an upcoming corporate merger, for example, you'll want someone who isn't afraid to push the envelope, so to speak.

How to ask anonymous questions on Quora?

You can anonymously ask a question by clicking on the drop-down menu, "Show to followers" and selecting "Anonymous" from the list. After you click submit, your question will be posted to Quora and you'll be taken to the Anonymous Edit Link for the anonymous question.

Why don't lawyers give off the cuff answers?

Lawyers tend not to give off-the-cuff answers to legal questions, because they know how big and complex and messy the law can be, how very small differences in circumstances can be very important, and how you need to read a whole contract carefully before answering an apparently simple question.

What would happen if I had a dollar for every time a client asked me a Quickie question

If I had a dollar for every time a client has asked me a “quickie” question for which the answer appeared to be X at first glance, but ultimately turned out to be Y after I learned more about the client’s situation , I would be rich.

Why do you ask questions in an initial interview?

You can ask introductory queries in an initial interview because the lawyer is not committed to taking your case, nor are you committed to employing the lawyer, but these questions have to be limited to rather general topics , both because it is likely that many more details are necessary to provide an informed opinion.

Is it harsh to charge a lawyer a fee?

Further, it also depends upon the case and client. I dont think, any lawyer is so harsh to charge fee from a poor client or in cases of domestic violence, sexual harassment etc.

Do lawyers give advice?

Lawyers also know that giving legal advice makes them liable for that advice, and so will not give any until they are your lawyer. And for that, they want paid.

Can a lawyer go as far as a free consultation?

Some lawyers will go as far as a free consultation. Rarely will they go further, unless they're hired on contingency or work for a charity. Others will not discuss legal matters for free at all. It depends on the lawyer, the question, and the context. 99 views.

What to do when a client is guilty?

Take the counsel and defend the client as best they can without mentioning that they know the client is guilty.

What are the duties of a lawyer?

The position is similar in England and Wales (note that Scotland and Northern Ireland are different jurisdictions with different rules). Lawyers in England and Wales have, in essence, two duties: 1 A duty to the court 2 A duty to their client

What is the ethical responsibility of a lawyer?

In the USA, a lawyer has an ethical responsibility not to intentionally elicit perjured testimony. Typically, if a lawyer knows a witness perjured themselves, they have an obligation to inform the court or impeach the witness. The big exception to this is if the lawyer knows about the perjury from a privileged communication with their client. Then the obligation of the lawyer is to not elicit any more perjured testimony and not to reveal the privileged information to the court — instead, they may state to the court something along the lines of "ethical rules prevent me from continuing this line of questioning" (of course, not necessarily that exactly, but something similar to that). However, the lawyer also has a constitutional obligation to zealously defend their client. That means if a lawyer's client wishes to perjure themselves on the stand, the lawyer cannot reveal that to the court, but they cannot aid that perjury either. In such a case, a lawyer will typically move to be allowed to step off the case or, if a judge denies that request, they will typically ask their client to testify in a narrative form once they arrive at the portion of perjured testimony.

What are the options for a lawyer to resign from counsel?

7. In most jurisdictions, the lawyer would have two options: Resign from counsel and never talk about the confession. Take the counsel and defend the client as best they can without mentioning that they know the client is guilty. In most jurisdictions, there is something called "attorney client privilege".

What is the rule for meritorious claims?

Meritorious Claims and Contentions. A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law.

Does the prosecution have to prove a case?

The solution to this is often to put the prosecution to proof. Under English law, the defence does not need to make a case: the accused is presumed to be innocent, and it is for the prosecution to prove otherwise. Thus if a lawyer knows their client is guilty, one solution is to not produce any defence evidence (as this could lead to perjury or misleading the court), but to leave the prosecution to make out their case.

Can a lawyer defend a criminal case?

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established.

Is there a gray area in criminal law?

Though criminal law has plenty of gray areas, we as a society try to avoid them (e.g., the “rule of lenity”), and imposing criminal liability on lawyers acting within the scope of their representation of others poses significant Constitutional due process and right to jury trial problems.

Is a civil litigator a writer?

Another fact is that civil litigators tend to be, both by training and by nature, writers. The Curmudgeon’s Guide to Practicing Law, written primarily from a litigator’s perspective, emphasizes repeatedly the importance of taking writing seriously and of producing briefs, memos, and letters of which the author can be proud.

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